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Contrasting Newark camera ticket rulings leave legal clarity in the middle of the road

By Chris DeBenedetti
Monday, July 15th, 2013 at 9:47 am in Uncategorized.

NEWARK — A traffic court on Wednesday ruled that the city of Newark properly notified motorists before installing red-light cameras seven years ago, contrasting a June decision on the same issue, leaving Tri-City motorists and camera opponents in a legal gray area.

Fremont traffic court Commissioner Sue Alexander upheld a ticket issued to a motorist by an automated red-light camera at the intersection of Cedar Boulevard and Mowry Avenue, rejecting the motorist’s argument that Newark officials had not properly notified the community about the camera’s 2006 installation. Newark officials are hopeful the decision puts the matter to rest, while disappointed anti-camera activists say they are turning to the legislature, hoping a proposed bill, AB 612, will become law and reduce the number of tickets issued.

“(The bill) calls for extending yellow-light times for another second,” said camera opponent Roger Jones, of Fremont. “It will put a dent in the income these red-light cameras generate.”

The conflict began last month, when Fremont traffic court Commissioner Karen Rodrigue tossed out a Newark red-light ticket involving motorist Keisha Dunleavy, saying the city did not properly notify the community of a red-light camera installed at Cedar and Mowry in 2006.

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  • bbox231

    There is no uncertainty.

    Dunleavy argued that proper notification had not occurred and, in support of her claim, provided a flawed announcement by the city which incorrectly stated the location of the camera. The city attempted to counter and could have sited any number of public announcements, but, didn’t include any in the file their representative brought on that particular date.

    Oops!

    From these facts, Rodrigue had no choice but to side with Dunleavy.

    Presumably the city didn’t make the same mistake twice and in the Alexander decision – seems to have come armed with complete documentation which allowed them to demonstrate that, while there may have been an erroneous announcement, there were many other public announcements confirming the correct location of the newly installed cameras.

    Clearly not a blanket ruling that a reasonable person would consider extending to all others. . . . Not much to be confused over.

  • Jasper Stein

    Hey it is Newark, enough said!!!

  • charlie C

    This is a issue where DeSilva Gates Construction and Vinnie Bacon probably agree.

  • bbox231

    #3 – lame

  • charlie C

    #4 – See you at the dog show mofo.

  • bbox231

    #5 – LMAO – Sorry Charlie – won’t be in attendance.

    Speaking of lame – this statement continues to rattle around in my pea brain – - –

    “It’s a role somewhat similar to the one recently played by Hillary Clinton, who served as secretary of state for President Barack Obama after he defeated her in 2008.”

    That Anu’s need to get back to India occasionally is seen as anything at all similar to Hillary’s role as Sec of State is, indeed, disturbing. I hope this was just a statement penned by Harrison et al in hopes of attempting to legitimize this excursion and/or blowing a little sunshine at Anu. . . . Chris – please tell me you didn’t come up with this on your own.

    http://www.mercurynews.com/breaking-news/ci_23680443/natarajan-appointed-lead-fremont-business-delegation-india

  • Jasper Stein

    Bbox,
    I have followed Anu’s career, I think She has been a very good Council Member. Her votes are conscientious and well thought out.I have not always agreed on Her votes, but I support her. She will only be gone for two or 4 years and she will be eligible to run again.

    The Demo club in Fremont holds a lot of sway with councilmembers, They have the funds to support or not to support them.
    Now for a quiz, which members of the council are Republicans or used to be Republicans, but now are Democrats?
    Here

  • bbox231

    #7 –

    I have a difficult time with the incumbent Council members on many fronts, Jasper. I wont re-hash the ALL of the issues that I feel have been quietly swept aside. . . but, included on that list would be these recurring trips to China and India.

    And, come on, it’s not as though Fremont is flush with cash – in which case, I might just meet you half way on this notion – - you know, that a little boondoggles from time to time is just part of the political arena.

    Because the story that we’re continuing to hear is that, while things are improving, we’re struggling.

    As a result, we’re telling our PD and FD and other employees that they need to suck it up. We’re ALSO telling our residents to take care of their own sidewalks and that we don’t have money for street maintenance.

    BUT – at the same time – it’s AOK for Anu to take off on a trip to India on our nickel?

    At best, our priorities are WAAAY off the mark. At worst . it gets ugly and our leaders are thumbing their noses at the constituency, hoping no one is paying attention. I’m not sure where reality is, but, I don’t like either one of these prospects.

    Re the local “demo club” – I personally don’t give a crap if you’re dem, ‘public-can, or independent. If you’re an incumbent, I’m evaluating you based on your record of actions and contributions. If you’re a wannabe looking to get into a seat, I’m evaluating your ideas about what you’re going to do differently than the other guys.

  • charlie C

    #8-
    Civic pride be dammed in favor of tapioca & yogurt… Vinnie B the business killer has permanently hurt Fremont to a greater extent than Anu or anyone else on the City Council could ever hope to.